Mid-Autumn and National Day double celebration, soft law enforcement in many places
Compiled from The Paper
Case review
On September 27, the traffic police in Bengbu, Anhui Province, announced that during the 2023 Mid-Autumn Festival and National Day holiday, in order to provide the public with a warm, comfortable, and pleasant cultural and tourism experience, and on the basis of ensuring safe and smooth road traffic, the public security traffic management departments will increase the intensity and scope of “flexible law enforcement.” For motor vehicle drivers with the following road traffic violations, after giving an oral warning and correction, there will be no fine, no points deducted, and no vehicle impoundment: 1. For out-of-town vehicles that enter one-way streets or restricted areas due to unfamiliarity with the road conditions; 2. For vehicles illegally parked around scenic areas, guesthouses, hotels, and commercial districts that do not obstruct traffic, they will be advised to drive away, with no towing and no penalty; 3. For vehicles that may be impounded according to law, but where the facts have been clarified on site or the vehicle safety hazards have been eliminated, in principle, the vehicle will not be impounded; 4. For those not carrying a driver’s license or motor vehicle registration certificate, after verification that valid documents do indeed exist; 5. For motor vehicles that fail to affix or display temporary license plates as required; 6. For crossing a solid line and borrowing the lane under the condition of ensuring safety when congestion is caused by a traffic accident or construction.
[1] Image source from the internet; if infringement occurs, please delete!
According to authorities in Suining, Sichuan, during the 2023 Mid-Autumn Festival and National Day holiday period (September 29 to October 6), Suining launched a "pamper tourists" mode. For non-Suining-registered small vehicles committing six types of minor traffic violations due to unfamiliarity with the roads in Suining, the public security traffic police department will implement a "warning only, no penalty" measure.
In addition, to help visitors and residents enjoy a pleasant holiday during the festival period, from September 29 to October 6, the Jingzhou traffic police in Hubei will introduce convenient service measures featuring "4 exemptions from penalties and 5 services."
The [1] The People's Republic of China Administrative Penalty Law
Article 33
If an illegal act is minor and promptly corrected without causing harmful consequences, no administrative penalty shall be imposed. For a first-time illegal act with minor harmful consequences that is promptly corrected, an administrative penalty may be waived.
If the party has sufficient evidence to prove no subjective fault, no administrative penalty shall be imposed. Where other provisions are stipulated by laws or administrative regulations, those shall prevail.
If an administrative penalty is not imposed on a party for an illegal act in accordance with the law, the administrative authority shall educate the party.
[1] The author's perspective
As can be seen from the above legal provisions, the principle of "no penalty for a first violation" may apply if certain requirements are met. The Road Traffic Safety Law also mentions the practice of "giving an oral warning for minor circumstances." Returning to the present, many places in China have made it clear that during the National Day holiday, out-of-town vehicles committing minor traffic violations will only be warned and not penalized. This is not only a rule-of-law commitment made to tourists, but also a show of sincerity in opening the doors to welcome visitors. It is also a gesture of consideration and empathy that can dispel and alleviate the unfamiliarity and anxiety of out-of-town tourists.
For tourists, although laws and regulations allow for flexible enforcement of minor illegal acts, this does not mean that tourists can act arbitrarily. Abiding by traffic rules is a duty for every citizen and a key factor in maintaining good traffic order.
